Revolutionary War Pension and Bounty Land Warrant Application File S. 10,629, John F Empie, New York

SERVICE
NUMBER
New York
Empire, John F.
S 10629 B.L.Wt. 526-160-55
CONTENTS

R0.775 New York John T. Campie of Herk County in the State of N.Y. who was a private in the Comp. commanded by Captain Hoy of the Regt. commanded by Col. Block in the N.Y. line for Full Term
inscribed on the Roll of Herk at the rate of 80 Dollars 50 Cents per mth. to commence on the 14th day of March, 1834.
Certificate of Pension issued the 28 day of Sept 1834 and to the Claimant Ephraim 
Arrears to the 14th of Mar. 34 $ 160 Semi-ant. allowance ending Sept. 35 $ 40 $ 200 4 Mar '34 40 $ 200 $ 240 Revolutionary Claim, Recd June 7, 1832.
Recorded by C. [Signature] Book C. Vol. 4. Page 4. 
Duedat 19 Feb. 1838
let. to John Fleming 16 April '34. suspending payment. Letter to N.S. Benton, Atto. No. 11. list: Apr 17-1834 let. to Hon. M. J. Bovee 9. Jany. '36 do. to Hon. J. Edwards 18. May " do. same 1838 July 10. 1838 13. 1839. Same Feb. Hon. H. P. Alexander: April 29/54 1905 Apr 26 - Auditor Duler in Dept for payments

5719 Act March 3. 1855
March 19/55
J. W. S. Empie Pine
Capt. Oliver Hays } Revolutionary
Col. Jacob Block } War
Refer to Pension Certificate Sep. 28 th 1833 No 20.715
Capt. Henry Miller } N.Y. Col. Jacob Block } Militia Rev. War
Boston Admit 160 acres, May 18 th 1855. B. O. W.
Warrant No. 526 Iss d May 18/55
L. Fox Atty. Fort Plain N. Y.
Subj 32-20715
Vol. E-101.

State of New York Montgomery County
On this twentieth day of September One Thousand Eight Hundred & thirty two in open court before Aaron Haring. Abraham Morrill. Henry S. Diefendorff Samuel Gilbert & John Hand Judges of the Court of common Pleas. in and for said County Now sitting. John T. Empie a resident of the town of Ephratah, County of Montgomery and State of New York aged Seventy three years who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 7 th 1832
That he entered the service of the United States under the following named officers, and served as herein stated - The field officers were Colonel Jacob Klock, Lieutenant Colonel Peter Waggoner and my company officers were Christopher Fox Captain & Lieutenant was Peter Loucks at first but soon after Henry Miller was appointed Lieutenant & the Ensign was Samuel Van Katten. That he entered (1775) the service in the summer of 1775. sometime in June. The service that he performed this year was principally a runner of scouts, belonging to a scouting party. & if not a running scouts, was engaged a building forts for military on the frontier the army (1776) In the year 1776 he belonged to the same Company that acted in the preceding year and in this year he rendered three months services & that my name is on a copy (1777) of a Pay Roll which entitled him to pay to the amount of £8.00. which he never received any of. - In the year 1777 he was again called into service in the Spring & continued in the service through all the Spring & a part of the Summer being taken sick with fever last part of June. The service that he rendered was guarding boats up the Mohawk River a distance of sixty miles to Fort Stanwix which were loading with provisions for the American soldiers - The officer that was with him in this expedition was Johannes Schull a Lieutenant. The Captain he was not acquainted with - after he recovered from fever he was draughted to go to Cherry Valley in September of 1777 after the battle of Oriskany and was gone on this expedition about two months. after he returned he was under the aforesaid Captain & through the course of this winter he continued running scouts on snow shoes every week three days - The amount of time that he served this (1778) year was six months and furnished his own clothing & part of his provisions In the year 1778 he was called service off and on, sometimes a volunteer & sometimes was sent out by his officers in the militia. The volunteer service that he rendered was that a great many parties of Indians were skulking through our woods

and frontiers; and that we frequently had small skirmishes with them on settlements being on the frontiers. That our fort which we built was 32 feet square on the first story & the next story was forty feet making a projection of four feet on each side, with but 8 families to guard it with but Eleven fighting men among us. - We frequently had a repulse from Fort Paris a distance of four miles while stationed here we kept our Centinels on their path night & day. - That we could not leave the fort to do any labour on the adjoining farms without a guard placed to protect us from the Indians & Tories. - While here a company or a party of ten or twelve men came from the east to our assistance & then when an express arrived that the enemy was making inroads into our frontiers we were all called from here to their assistance & to march in pursuit of them. - This fort was about four miles north of Fort Paris on the frontiers nearly on the route where the Indians & Tories went to Canada from Johnstown & Saratoga. - Before harvest this year he was drafted to go to Fort Herkimer & was under the command of Captain John Hopp. & was there & on the road going there about six weeks. The distance about twenty five miles & from there he was detached again to guard boats to Fort Stanwix loaded with provision and was gone about four weeks longer & then returned to our fort (the name of the fort was Fort Schnell) And this deponent further says that in the fall of 1778 he was detached again to go to Fort Plank & was under the command of Captain Wynn & was under his command about one month which was struck in the fall. & then returned & commenced running scouts again the remainder of this year as before stated. The Amount of Service that he rendered this year was about nine months. And this deponent further says 1779 that he continued from the commencement of this year 1779 as long as there was snow on the ground, continued to run scouts, & as soon as the snow was gone he entered a company of Militia commanded by Captain Henry Miller & was in his service through the summer & fall; on duty all the while & was marched to Cherry Valley, Caughnawaga, & Fort Herkimer guarding the frontiers, and acting a party of the Indians & Tories and continued to run scouts after he returned until he enlisted. And this deponent says that the whole year he was in actual

11-1 Service from its commencement to its close - And this deponent (1780) further says that he enlisted in a company of Rangers in the first week in April 1780. for the term of three years - The Captain's name was John Cespelman. The Lieutenant was Adam Eupin & the Ensign was George Getman. The Sergeants were Peter House, John Packard & Rudolph Picket. The company was divided into several parts so as to aid the whole Regt. in running scouts - Some of them were at Fort Paris, some at Fort Schnell, & some along the Mohawk River. The manner that these officers got their Commissions, were from a Committee appointed for that purpose to raise companies of Rangers, this however I am not certain of. When this company was raised, there were encouragements held out that after the war, those that were living should have land for their pay, but that this deponent never received any land nor pay of any kind, & that he furnished his own clothing & a good part of his provision - That in the month of October 1781, we were marched from Fort Paris to Johnstown & put under the command of Colonel Manner Willet and was in that battle on the twenty fifth of that month - In this battle I was wounded in my right leg & broke one of the bones above the ankle. And this deponent further says that in these three years he was in actual service all the while except the time that his leg was healing from the wound. And that they were marched from place to place along the Mohawk River in the County of Montgomery then the County of Tryon from Fort Schnell to Fort Paris, & Fort Herkimer, Fort Plank, Fort Stanwix & Cherry Valley, a distance North & South about twenty five Miles & East & West a distance of about sixty Miles along the Mohawk River. That at the end of the time he enlisted for the quit the service being about the time that the war closed. That when he quit the service he together with his fellow soldiers were paraded & discharged by a verbal discharge & that hostilities had ceased. And that he hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state.

Ans 1 That he was born about the 15 th day of January 1759. at Palatine Montgomery County (formerly Tryon) & state of New York Ans 2 That he once had a record of his age but has lost it Ans 3 That he lived in Palatine in the aforesaid County when called into Service & that he stills lives there (Now in the town of Schoharie in aforesaid County on the same farm that he lived on before said War) Ans 4 * That he was called into Service as a Militia man until the year 1780. & that he then Enlisted as a volunteer in a company of Rangers as stated in the aforesaid declaration Ans 5 * That he was acquainted with General Nicholas Horkheimer, Col Samuel Clyde, Col Mannings Willet, General Runkel, Col Brown, Col Jacob Klock in whom last Regiment he belonged Ans 6 * That he never received any other discharge than that which is stated in said declaration Answers 7 * That he is acquainted with Peter Getman, Lodowick Kring, Isaac Kitchum, & many others of my neighbors that will attest to my veracity Sworn to & subscribed the day & year aforesaid John F. Smith

Application of John F. Eupain for a pension
Amount 24 mo. per
80 $
John F. Eupain

State of New York Montgomery County ss Town of Palatine
Oath
Peter Fox of the Town of Palatine County & State aforesaid being duly sworn, Deposeth and say that he was and is still acquainted with the said Eupin that the said Eupin belonged to Captain Christopher Fox company of Militia of State Troops & that while they belonged to said company they were draughted from said company and ordered to Fort Plain and then put under the immediate command of Captain Hays. that both companies were attached to Col Jacob Klock's Regiment and further this deponent saith that the said Eupin's service under the command of Captain Christopher Fox was two years, and that while under the command of Captain Hays was at least four weeks. & that after the said Eupin & myself been attached to Captain Henry Miller company of Militia and was in actual service six months under the said Captain. And this deponent further saith that John F. Eupin is a man of a good character & to his knowledge a man of truth & veracity. And further this deponent saith that all the service set forth in said affidavit was rendered before the year 1780. And further this deponent saith not. Peter Fox Sworn and subscribed before me this 26 th June
32 Chas. Haggone Justice
Knoweth that I am personally acquainted with Peter Fox the above deponent and know him to be a man of truth and veracity. Chas. Haggone Justice

State of New York Montgomery County. ss.
Omit
I, George D. Ferguson Clerk of Montgomery County, do hereby certify that Charles Waggoner, before whom the within Affidavit purports to have been sworn, was on the day of the date thereof a Justice of the peace of the County aforesaid. And that I am well acquainted with the hand writing of the said Justice & truly believe that the signature of the said Justice subscribed to the said Affidavit is genuine. In testimony whereof I have hereunto set my hand & seal of Office this 25th day of September 1832.
Geo: D. Ferguson

State of New York Montgomery County
Omit
William W. Fox of the Town of Palatine County and state aforesaid being duly sworn deposes and says that he is well acquainted with John F. Eupie and that the said John F. Eupie was a soldier in the war of the Revolution between the British Government and the States of America. And this deponent further saith that the said John F. Eupie served in the Company of Militia of the Colony of New York commanded by Captain William Lee Christopher Fox the term of two years and that after that the said John F. Eupie was attached to a company commanded by Captain Henry Miller & served under said Miller six months and that the said Company of Militia that the said Eupie belonged to were attached to the Regiment commanded by Colonel Jacob Klocke. And further this deponent further says that John F. Eupie was and still is a man of a good character & is to be relied under oath and that he was always a faithful subject to his Country during that war - and further this deponent saith not.
Subscribed and sworn to this 20 th of Jan 1832 before me.
Chas. Waggoneer Justice
I certify that I am personally acquainted with William W. Fox the above deponent and know him to be a man of truth and veracity - Chas. Waggoneer Justice

State of New York Montgomery County. Geo: D. Ferguson Clerk of Montgomery County do hereby certify that Charles Maggoner before whom the within affidavit purports to have been sworn was on the day of the date thereof a justice of the peace of the said County. And I am well acquainted with the hand writing of of the said Justice & hereby believe that the name of the said Justice subscribed to the said affidavit is Genuine.
In testimony whereof I have hereunto set my hand and affixed my Seal of Office this 25th day of September 1832.
Geo: D. Ferguson

State of New York Montgomery County
Omit
We William Smith & Peter Getman residents of the town of Oppenheimer being duly sworn according to Law depose & say that we were acquainted with John F. Eupie from the year 1780 until the close of the war & from that year we know that the said Eupie belonged to Captain Cappelman's Company & served as he the said Eupie served as he states & that we believe that he served at least one year  nine months after the year 1780 & further we say not Sworn & subscribed the day & year aforesaid
Ed. Steven Getman his William X Smith Mark
Sworn

State of New York Montgomery County
We Isaac Ketchum a Clergyman residing in the town of Palatine Hatch and Lodowick King residing in the town of Elnat hereby Certify that we are well acquainted with John F. Empie who has indicated his assent to the above  to the above  declaration  statement ; that we believe him to be 73 years of age; that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion Sworn and subscribed the day & year aforesaid Isaac S. Ketchum
Lodowick King
And the said court do hereby declare their opinion. after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the above named applicant was a revolutionary soldier and served as he states - And the court further Certifies, that it appears to them that Isaac Ketchum, who has signed the foregoing Certificate is a clergyman residing in the town of Palatine and that Lodowick King who has also signed the same is a resident in the town of Elnat and is a credible person. and that their statement is entitled to credit
Out
I, George D Ferguson, clerk of the court of common pleas. do hereby Certify that the foregoing contains the original proceedings of the said court in the matter of the application of John F Empie for a pension In testimony whereof I have hereunto set my hand & seal of office this twentieth day of September An Thousand Eight Hundred & thirty two
Geo: D Ferguson

John H. Empire Application for Bounty Lands act March 1855
5769
L. H. 14 Atty. Fort Plain N.Y.

State of New York } County of Fulton } ss.
On this 13 th day of March A. D. One thousand Eight hundred and fifty five, personally appeared before me John Justice of the Peace, within and for the County and State aforesaid, John F Empie aged Ninety Five Years and upwards, a resident of the town of Ephratah, County and State aforesaid, who being duly sworn according to law, declares, that he is the Idem ticle John F Empie who was a Private in a company, com- manded by Capt. Christopher Fox, Colo. Jacob Klock, Lieut Colo. Peter Waggoner, in the summer of 1775, & during the Revolutionary war, with Great Britain. - For further detail proof, of all the services rendered by the said John F Empie, during the Revolutionary war, you are referred to his original application for a Pension, (under the act of 1832,) dated the 20 day of September 1832, which is on file in this department, (Pension Office) and received a Pension Certificate granting to the said John F Empie an annual Pension of Eighty Dollars, during his life time, - said certif- ficate bears date Sept 28, 1833, No. 20,715.
He makes this declaration for the purpose of obtaining the Bounty Land to which he may be entitled under the act, granting Bounty Land to certain Officers and Soldiers, who have been engaged in the military services of the United States, passed in March 3, 1855.
In the presence of Aaron Nellis Justice of the Peace John F Empie Jr
his John F Empie mark.
Sworn to and subscribed (by making his mark, being prevented from writing by old age,) before me the day and year above written, and I hereby certify that I am acquainted with the said John F Empie, & believe him

To be of the age above stated, and that his mind is sound, and is the identical John H. Empire described in a Pension certificate, in his possession, dated Sept 25, 1833, and that I have no interest in this claim.
Aaron Nellis Justice of the peace
State of New-York, Fulton County Clerk's Office, } ss.
I, A. Anderson , Clerk of the said County, do hereby CERTIFY, that Aaron Nellis Esq. whose name is subscribed to the Certificate of Proof or Acknowledgment of the annexed instrument in writing, and endorsed thereon, was, at the time of taking such Proof or Acknowledgment, a Justice of the Peace in and for the County aforesaid, dwelling in the said County, and duly authorized to take the same: That I am well acquainted with the handwriting of the said Justice and verily believe that the signature to the said Certificate of Proof or Acknowledgment is genuine: And that the said instrument is executed and acknowledged according to the laws of the State of New-York.
In Testimony Whereof, I have hereunto set my hand and affixed my official seal, this 14th day of March 185 5 .
A. Anderson Clerk

J. L. Edwards, Letter (as to Mrs. F. Emilia being restored to the Parish Rolls) recd. Feb. 10. 1836.
have been company
Free M. J. B. B.
John Capelmann Capt Admiral Empire Secret
Johnson Willis Esq.
Datatum
Bruges
witnesses Mr. W. Fox. Peter Fox. Peter Capelmann Mr. Smith
By John Capelmann company

War Department
Pension Office
January 9, 1836
Sir,
The application of John F. Empire to be restored upon the pension roll, contained in the letter of John Kellis, Esq r . has been duly considered. Objections, inadvertently overlooked, existed to the claim for revolutionary services at the time it was allowed. Those objections, together with documentary evidence since received, render it clear that the claimant is not entitled to a pension under the act of June 7, 1832. He states in his declaration that he entered the service in 1775 in Capt. Christopher Fox's company, Col. Klock's regiment, and served therein during the Summer as a "runner of Scouts". In 1776 three months in the same company; in 1777 under Lieutenant Shull, &c. and at Cherry Valley, six months; in 1778 nine months, six weeks in Capt. Hays' company, and one month in Capt. Wynn's, no other tour specified; in 1779 from the opening of the Spring till the close of the year, in Capt. Henry Miller's company; in 1780 three years, pursuant to an enlistment for that term in Capt. John Coseelman's company of Rangers. The officers of this company are said to have received their commissions from a Committee appointed for that purpose, &c.
Previous to 1778 the claimant was too young to be admitted into the service, and it may be said also that there is no evidence of such military service as that

described in 1775 and 1777: That the pay roll of Capt. Fox's company in support of his claim to service in 1776 is evidence that he did not serve therein as alleged, and his having received no pay would in itself be presumptive evidence that the claim to such service was not well founded. Of the service in 1778 called nine months, only two are specified. Of that in 1779 said to have commenced in the Spring, in Capt. Henry Miller's company, and to have terminated at the close of the year, there is the most conclusive proof against it. The rolls of that company for that year, which have recently been found, show that the claimant was not in Capt. Miller's company during that year. To the service alleged to have been rendered in 1780 in Capt. John Coffelman's company of Rangers, it is objected, that the manner in which the officers are said to have been appointed, and the fact that the claimant received no pay, is presumptive evidence that the service was never rendered.
I have the honor to be
Very respectfully
Your Obch. Servt.
J. L. Edwards
Hon. M. J. Bovee
House of Representatives

Little Falls April 10. 1857
Sir -
Some time last Feb I left a letter at your office from Leander Fox making inquiry why the petition of Empire was discontinued at the Albany assizes - will you please give me the information asked for in said letter of Mr Fox and oblige
Very Respectfully Yours - H. P. Alexander
J. E. Heath Esq Counsel of Plaintiff Washington D. C.

to the inapt left right the left

5719
ACT OF MARCH 3, 1855.
Received Mar 19, 1855
Geo. H. Eustis Capt Henry Miller Col Jacob Block Rev. Wan,
Warrant No. 526 all 160 acres May 18/55
L. Hoy Ft Plani, N.Y.

526
J
160 Ans

Ephratah May 5 4th July 3
free
Hon John Edwards
Hon. J. Edwards
House of Representatives
Washington City D.C.
If Congress have adjourned the Hon J. Edwards Comr of pensions will please receive open & decide on the merits F. B. Buel

Ephratah Ny 4th July 1838
Dear Sir
In closed are two affidavits in relation to the claim of John F. Empie for the reinstatement of his name to the pension list, I hope the proof they contain added to that already on file may be satisfactory, for myself I believe him as much entitled as any of those of his Com- -panions, who are now enjoying the benefits of their Country for services rendered in the Revolution
Respectfully yours,
Thomas R Benedict

May 11 from A S Baskin
FREE
J. L. Edwards Esq. Comm. of Pensions Washington

District Attorneys office Little Falls, May 5 th 1835
Sir The Deputy Marshal at Pottersburgh has informed me that Silas Stiles died in March last so that the indictment found against him will not be tried.
I think the warrants showing the receipt by Ramon Castino and John L. Empire of the Semi annual payments will be good evidence of the grant or allowance of a pension or gratuity to them - a receipt by their attorney is a receipt by themselves.
If proper therefore I would suggest that you forward to me at Albany the warrants for payments for the six months prior to 4 th of September last in the case of Empire and the only warrant of payment to Castino both of which I presume are now on file in your office - If you cannot with propriety send me the warrants I will endeavor to get along without them - I wish you would be particular to ad dress your letter to me at Albany as the letter will not perhaps reach me in time if sent to this place.
J. L. Edwards Esq. Comr Pensions &c
Very Respectfully Yours at best J. S. Burton U.S. Atty

Jan 5. 1844
M rs . J. L. H. Empie Edwards Esq. Commissioner of Pensions Washington

January 10 1874.
To J. L. Edwards Esq Commissioner of Pensions Sir:
In the matter of the application of John F. Empie for a pension under the act of 7 th June 1832 }
This is an application to be restored to the pension list. In consequence of some fraudulent papers having been made out in this case by Mr. Empie's agent, Mr Empie was deprived of his pension. But in your letter to the Hon. J. Edwards, you express a willingness to restore him on the production of suitable testimony of his services. I now produce testimony which taken in connection with what is clearly es- tablished by his papers on file, will show that he is entitled to his pension. His name will be found on the Roll of John Kapselman's Company of Rangers, which I recently forwar- ded to your office. I am very respectfully Your Obedt Servt
G. H. L. [Signature]

John Ellis
Palatine N.Y. Nov. 30
Free
Hon. Matthias J. Bovee Rep. in Congreg. Washington City.
John Ellis
Hon. M. J. Bovee N.Y.R. Jan 2

Dear Sir.
Palatine Nov. 27th, 1835.
A few days since I sent you affidavts in the Pension matter of Dan l Hays which will probably in due time be rec d by You. I shall during Your stay at Washington have occasionally business perhaps unconnected with Your duties as a representative in Congress which I shall, however, take the liberty of sending to You. I shall consider Your attention to it as a favor conferred on me for which I shall feel grateful. The matter to which I would draw Your attention now, is this - Mr. John F. Emrie of this Town obtained a Pension granted to him under the act of June 7. 1832. & upon representation made to the Secretary of War that the same was fraudulently obtained, the pay t of it for some time past has been suspended - that Criminal proceedings were instituted at first against Mr. Emrie which resulted as I am informed in his acquittal & then against a Mr. Getman who drew his pension application, who was indicted & on his trial was fully acquitted by a Jury of his Country. Now as those representations against Mr. Emrie which induced the suspension of his Pension have been found on a judicial examination unfounded, it is supposed that Mr. Emrie should be restored to his Pension rights. Will You have the goodness to lay his case before the Pension Office Department & let me know its decision upon it.
I am, Sir, Yours Respectfully John Nellis

From my Department Third Auditor's Office May 11 th 1835
In compliance with the order of the Secretary of War of the 10 th inst. I enclose to you two accounts - one of Samuel Eastman Dr to 20 th Feb y $280. the other of John D. Lapham Dr to 5 th July 1834 for business under the Act of June 7 th 1834. called for by the letter of Mr. S. Benton Esq. M.P. Secy. of the Navy of the 5 th June 5 th Be pleased to return me a receipt for the moneys.
Very respectfully, Sir
James M c Leish
John H. Agnew H nd
Be pleased to cause the papers to be returned to the files of this office when done with
J. S. Edwards Esq. Commissioner of Pensions

John Edwards
Nov. 12th
J. L. Edwards
Commissioner of Pensions
Feb. 8th Mr. J. L. Edwards

Sir
The Affidavit of Thomas R. Benedict on the case of John F. Lemprie and his explanation to me satisfies me that the charges which had been preferred against Lemprie at the pension Office by which his pension has been suspended were altogether unfounded I therefore request and desire the Commissioner to direct his pension to be continued as it was Allowed Washington 5th February 1838 I am with Due
Honble
Respect Yours
John Edwards
J. L Edwards
Commissioner pensions

Fort Plain March 28/55-
Hon L. O. Waldo Commr of Pensions.
Sir. Enclose please to find two affidavits, proving the Identity of Mrs Nancy Smith & John F. Empire. (Revolutionary Claims.) to sustain their claim for Bounty Land under the act of 3 d March 1855,
I forwarder their application to this department on the 14 th Inst, and hope, the affidavits may be filed with said application & considered in due time.
Very Respectfully, Your Obedient
Servt
L. V. Fry

State of New York } County of Fulton } ss
On this 26 th day of March, One thousand Eight hundred and fifty five, personally ap- peared before me a justice of the peace within and for the county and State aforesaid, Edward Burdick Jr aged Forty two years, and Peter S Whitlock age Thirty four years, residents of the town of Ephratah, County aforesaid, who being duly sworn according to law, Each for him self, that they are well acquainted with John H Empie, of the town of Ephratah in said County, and have been thus acquainted, for a great many years, and know him to be a very old man, and should judge, and should judge him to be upwards of Ninety years old, and the Identical John H Empie, who we are informed and believe to have been a Revolutionary Soldier, and who, has received a Pension during life, at the rate of Eighty Dollars pr annum, and the same John H Empie, who, as we are informed and believe, has made appli- cation for Bounty Land under the Act of 3 rd March 1855, and that we have no interest directly or indi- rectly, in the claim of the said Empie.
Edward Burdick Jr Peter S Whitlock
Sworn to and subscribed before me on the day and year just above written, and I certify that I am well acquainted with the above Edward Burdick Jr and Peter S Whitlock the affiants, & know them to be credible persons.
Saron Nellis Justice of the peace,

State of New-York,
Fulton County Clerk's Office,
ss.
I, A. Anderson, Clerk of the said County, do hereby CERTIFY, that Aaron Miller Esq. , whose name is subscribed to the Certificate of Proof or Acknowledgment of the annexed instrument in writing, and endorsed thereon, was, at the time of taking such Proof or Acknowledgment, a Justice of the Peace in and for the County aforesaid, dwelling in the said County, and duly authorized to take the same: That I am well acquainted with the handwriting of the said Justice and verily believe that the signature to the said Certificate of Proof or Acknowledgment is genuine: And that the said instrument is executed and acknowledged according to the laws of the State of New-York.
In Testimony Whereof, I have hereunto set my hand and affixed my official seal. this 26th day of March 185 5
Aaron Anderson Clerk
223
John H. Empire Identity
L. Gray Atty. Great Bear City

TREASURY DEPARTMENT,
C.P.H. Washington, April 29. 1905
The Commissioner of Pensions.
Sir: In reply to your letter of April 26 "in case of John F. Bumpus Certificate 20715 Albany Ky. Agency, Revolutionary Roll , you are informed that, according to the latest account rendered by the U. S. Pension Agent, the records of this office show last payment to have been made at 80 per month in September 1857 to September 4. 1857.
Letter herewith returned.
Respectfully,
Robert S. Person.
Auditor.
By [Signature]
Deputy Auditor.
REPLY SHOWING PAYMENTS. Pension Division.—Form 3577.—Ed. Nov. 25-04—3,000.

O. W. & N. DIVISION MAY 1 1905 RECEIVED.
Department of the Interior Bureau of Pensions Washington, D.C. April 20, 1905
For the in the above entitled claim for pension, you are requested to furnish the Bureau with a report in the form of John J. Connelley Presidential War Act June 7 1882 New York
20710.
Date of last payment
THE AUDITOR FOR THE INTERIOR DEPARTMENT
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE AUDITOR FOR THE INTERIOR DEPARTMENT

On desk
3-397. (Old No. 3-399.)
O.W. & N. DIV. Division.
M.B.H.  En't
Rev Sur Off 20 715. John F. Empie. private.
Department of the Interior, BUREAU OF PENSIONS,
Capt Fox Co Col. Klocks N.Y. Regt. Washington, D. C., April 26 , 1905.
SIR:
For use in the above-entitled claim for pension, you are requested to furnish this Bureau with a report in the case of _____
John F. Empie
pensioned under the Revolutionary War Act June 7. 1832 by certificate
No. 20715.
New York
Agency,
showing date of last payment.
Last p't to Sept 57 - 3.57 See J. folio 143
Very respectfully,
V. Warner
Commissioner
THE AUDITOR FOR THE INTERIOR DEPARTMENT
Treasury Department

M 233 BUREAU OF PENSIONS Finance Division
Feb. 7, 1925
Chief Rev. Sect. Division.
Sir:
I have this day received from N. Berton Alter
M.O. No. 33817
for $ 1.55 , requesting  post office address as per letter herewith.
Copies mailed to N. Berton Alter of Finance Div. returned Feb 11 25 requested to be returned
Respectfully, REV. WAR SECTION
O. J. RANDALL
Chief Finance Div.
W.C.L.
Request for Photostating (To be prepared in duplicate)  M 6  Ex. and
OFFICE OF CHIEF CLERK
708
Job No. John T. Bumpus Rev  Date Feb 7 1925  Subject 10629  1 copies of 1 pieces consisting of 4 pages to be (No.) (No.) forwarded when completed to the REV. WAR SECTION , Division.  Remarks:
Approved:
W.C. Wilson
Chief Clerk.
Chief Clerk.

N. BERTON ALTER DISTRICT SUPERINTENDENT OF SCHOOLS DISTRICT NO. 1, MONTGOMERY COUNTY NELLISTON, N.Y.
February 5, 1925.
Department of the Interior Bureau of Pensions Rev.& War of 1912 Section Washington D C
Dear Sir:--John Empie(name also borne as John F Empie) was born in 1753 and died in 1854. He was a Revolutionary Soldier from the Palatine District of Tryon County and probably was in Colonel Klock's regiment and in the Company of Captain Keyser(Cayser). It is not doubt that he drew a pension(probably under the act of 1832). Will you send a certified copy of his pension record immediately. I inclose a money order for $1.55--I judge that it will not be more than 8 pages.
Truly yours,
N. Berton Alter District Superintendent.
Copy 4 pages of decla. Only - This man was restored to the pension roll and also allowed bounty land, but do not copy affidavits they are misleading. He gives good account of N.Y. campaigns, and the suspension was not upheld. 4 pages & certificate = 85 cents. return to writer 70 cents

Review
10629 INVALID.
File No. 10629
John F. Compie Rev Boer War
Act: June 21 1832
Index:—Vol. A , Page 114
[Arrangement of 1870.]
Feb. 11. 1925. Copies mailed to M.B. Alter Mar. 7. 1925. Rev. Ac. Sect. advised to copies had been furnished, advised to dials to identify records and letters M.B.A. submitted. att.

Rev. & 1812 Wars section
March 7, 1925.
Pension Section, Civil Division, General Accounting Office, 1800 E. St. N.W. Washington, D. C.
Sir:
I have to advise you, relative to the enclosed letter of Mr. N. Berton Alter, that he was furnished on February 11, 1925, with photostat copies of the pension application of the Revolutionary War pensioner, John F. Empie, S. 10629 , and it is presumed that the enclosed letter is a request to your office for the copies of the final vouchers relative to payments in said claim.
Said John F. Empie was pensioned under Certificate 20715, which issued Sept. 23, 1833, rate $80 per annum, commenced March 4, 1831, Act of June 7, 1832, New York Agency.
Respectfully,
Acting Commissioner.
letter was ad to Pens. Sect. & asked for photostats of final claim. it was returned with this letter
Rec auditor's Rept. here with dated Apr. 29, 1905

Can. Jan 30.
Ruth Woodruff
Hon. J. L. P.
100/11

Copy John F. Empies papers for Hon. Mr. Edwards H.R.
20715

Pal Br Apl 10 3/4
Free
New York April 15. 1834
Hon ble James L Edwards Esq r
Pension Commissioner U.S.
Washington P. D. C.

Capt. Henry Wilkes, U.S.N. Old Point Comfort,
Brn: Mr. Rollins #32, Poplar,

P I have examined all the papers in this case carefully and think the pension should be restored to the roll. Mr. Cole, with whom I have consulted has also examined them and he is of the same opinion.
F. T. King Sept 22. 1857.

This may certify, That, as appears by an Abstract taken from pay-roll, dated 17 th 1776 that Services performed By John F. Binkie, must have been entitled to £8,000 computed to three months Service for and during that year ————— given 17 th Sept 1832
Jacob Small

In pursuance of a law passed the 27th day of April, 1784, entitled "An act for the settlement of the pay of the Levies and Militia, for their services in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz :
  1780 Sept 1 1087 John Empire Yeni - 5 - - 6 - 8 -   1779 Aug 19 Aug 17 1398 do do do - 3 - - 7 - 6 2 / 3   1779 Dec 31 1471 do do do - 2 - - 9 - 9 1 / 3   1781 Oct 29 21728 do Empire do - 3> - 0 - - 5 - 4 - 
STATE OF NEW-YORK, COMPTROLLER'S OFFICE, Albany, Dec. 7. 1840.
I hereby certify the above to be true extracts from Book No. 1 F 5 now remaining in this office, and that the service for which the certificates above named were issued, were performed under the following officers, viz :
  First—under Capt. Henry Miller in Col. Jacob Block's Regiment.   Second, " " do " " do do "   Third, " " do " " do do "   Fourth, " " Thomas Bancker " " Abm Wemple's "   Fifth, " " " " "   Sixth, " " " " "   Seventh, " " " " "   Eighth, " " " " " 
J. W. D. D. away Dep. Compt.

Certificate of the Comptroller of the State of New York re —
John Canfield

State of New York.
Montgomery County ss.
On this twentieth day of September one thousand eight hundred and thirty two in open Court, before Aaron Haring, Abraham Morrell, Henry J. Dufendorff, Samuel Gilbert, and John Haneb. Judges of the Court of Common Pleas, in and for said county, now sitting, John F. Empie, a resident of the town of Ephratah, County of Montgomery and State of New York, aged seventy three years, who being first duly sworn, according to law, doth on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress passed June the 7 th 1832.
That he entered the service of the United States under the following named officers, and herein stated. The field officers were Colonel Jacob Klock, Lieutenant Colonel Peter Waggoner, and my company officers were Christopher Foy, Captain, and Lieutenant was Peter Loucks at first, but soon after Henry Miller was appointed Lieutenant, and the Ensign was Samuel Van Ratter. That he entered the service in the summer of 1775, some time in June - The service that he performed this year was principally a runner of Scouts, belonging to a scouting party, and if not a running scout, was engaged a building forts for the militia on the frontiers. In the year 1776 he belonged to the same company that aided in the preceding year, and in this year he rendered three months service. That his name is on a copy of a Pay Roll, which entitled him to pay to the amount of £ 8.00, which he never received any of. In the year 1777 he was again called into service in the Spring and continued in the service through all the Spring and a part of the summer, was taken sick with fever last part of June; - The service that he rendered was guarding boats up the Mohawk river, a distance of sixty miles, to Fort Stanwix, which were loaded with provisions for the American soldiers - The officer that was with him in this expedition was Johannes Schell a Lieutenant. The Captain

he was not acquainted with. After he recovered from fever he was drafted to go to Cherry Valley in September of 1777, after the battle of Oriskany, and was gone on this expedition about two months. After he returned he was under the aforesaid captain and through the course of this winter, he continued running scouts (6 mo) on snow shoes every week, three days. - The amount of time that he served this year was six months, and furnished his own (1778) clothing and part of his provision. In the year 1778 he was in the service off and on, sometimes a volunteer, and sometimes warned out by his officers, in the militia. The volunteer service that rendered, was this, a great many parties of Indians were skulking through our woods and frontiers, and that we frequently had small skirmishes with their own settlements being on the frontiers. That our fort, which we built, was 32 feet square, on the first story, and the next story was forty feet making a projection of four feet on each side, with but 8 families to guard it and but eleven fighting men among us. We frequently had assistance from Fort Paris, a distance of four miles. While stationed here, we kept our centinels on their posts night and day. That we could not leave the Fort to do any labour on the adjoining farms, without a guard placed to protect us from the Indians and Tories. While here a company or a party of ten or twelve men, came from the East to our assistance, and then when an express arrived that the enemy was making inroads on our frontiers, nearly on the route where the Indians and Tories went to Canada from Johnson-town and Saratoga. Before harvest this year he was draughted to go to Fort Herkimer and was under the command of Captain John Hep, and was there and on the road going there about six weeks. The distance about twenty five miles, and from thence he was detached again to guard boats to Fort Stanwix loaded with provision, and was gone about four weeks longer and then returned to our Fort (The name of the Fort was Fort Schnell) and this deponent further says, that in the Fall of 1778, he was detached again to go to Fort Plank, and was under the command of Captain Nynn, and was under his

1 - command about one month, which was sometime in the Fall and then returned and commenced running scouts again. The remainder of this year, as before stated - The amount of service that he rendered this year, was about nine months. And this deponent further says that he continued from the commencement of this year 1779, as long as there was snow on the ground, to run scouts, and as soon as the snow was gone, he entered a company of militia commanded by Captain Henry Miller, and was in his service through the summer and fall, on duty all the while, and was marched to Cherry Valley Caughnawaga & Fort Herkimer & Fort Herkimer guarding the frontiers, and continued to run scouts after he returned, until he enlisted. And this deponent says, that the whole year he was in actual service from its commencement to its close. And this deponent further says, that he enlisted in a company of Rangers, in the first week in April 1780, for the time of three years - The Captain's name was John Capel-man. The Lieutenant was Adam Empie, and the Ensign was George Getman. The Sergeants were Peter House, John Bachus & Audolph Picket. The company was divided into several parts, so as to aid the whole Regiment in running scouts - Some of them were at Fort Paris, some at Fort Schneel and some along the Mohawk river - The manner that these officers got the commissions, were from a committee appointed for that purpose, to raise companies of Rangers (this however I am not certain of) when this company was raised there were encouragements held out that after the war, those that were living should have lands for their pay, but that this deponent never received any lands nor pay of any kind, & that he furnished his own clothing & a good part of his provision - That in the month of October 1781, we were marched from Fort Paris to Johnstown, and put under the command of Colonel Maurinius Willet, and was in that Battle on the twenty seventh of that month - In this battle I was wounded in my right leg & broke one of the bones above the ankle. And this deponent further says, that in these three years, he was in

actual service all the while except the time his leg was healing from the wound. And that they were marched from place to place along the Mohawk river, in the county of Montgomery, then the county of Tryon, from Fort Schnell to Fort Paris & Fort Herkimer, Fort Stanwix & Cherry Valley, a distance North & South about twenty five miles & East & West a distance of about sixty miles along the Mohawk river. That at the end of the time he enlisted for, he quit the service, being about the time that the War closed. That when he quit the service he, together with his fellow soldiers were paraded & discharged by a verbal discharge, & told that hostilities had ceased. And that he hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the Agency of any state.
An. 1. That he was born about the 15 th day of January 1759 at Palatin, Montgomery County (formerly Tryon) & State of New York.
An. 2. That he once had a record of his age, but has lost it.
An. 3. That he lived in Palatin, in the aforesaid County when called into service & that he still lives there, (now in the town of Ephratah, in aforesaid County) on the same farm that he lived on before said War. —
An. 4 th That he was called into service as a militia man untill the year 1780 & that he then enlisted as a volunteer in a Company of Rangers, as stated in the aforesaid declaration.
An. 5 th That he was acquainted with General Nicholas Herkimer, Col Samuel Clyde, Col Maurinius Willet General Rensselaer, Col Brown, Col Jacob Kloek, in whose Regiment I belonged.
An. 6 th That he never received any other discharge, than that which is stated in said declaration.
Answer 7 th That he is acquainted with Peter Getman, Lodowick Kring, Isaac Ketchum & many others of my neighbours that will attest to my veracity.
Sworn to & subscribed the day & year aforesaid.
John T. Empie
(copy)

Copy of Application of John F. Empire for a pension.

(Copy 1)
State of New York } Montgomery County } ss
We Isaac Ketchum an clergyman residing in the town of Palatin & and Lodowick King residing in the town of Ephratah hereby certify that we are well acquainted with John F. Empire who has subscribed & sworn to the above declaration. That we believe him to be 73 years of age; that he is reputed and believed in the neighbourhood where he resides, to have been a soldier of the revolution & that we concur in that opinion. Sworn and subscribed the day & year aforesaid.
Isaac S. Ketchum
Lodowick King
And the said court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named applicant was a revolutionary soldier and served as he states. And the Court further certifies that it appears to them that Isaac Ketchum who has signed the preceding certificate is a clergyman resident in the town of Palatin, and that Lodowick King who has also signed the same is a resident in the Ephratah and is a credible person, and that their statement is entitled to credit.
I George L. Ferguson. Clerk of the Court of Common Pleas do hereby certify. That the foregoing contains the original proceedings of the said Court in the matter of the application of John F. Empire for a pension - In testimony whereof I have hereunto set my hand & seal of this office this
twentieth day of September one thousand eight hundred and thirty two. - Geo. L. Ferguson.

State of New York
Montgomery County ss Town of Palatine
I Peter Foy of the Town of Palatine county & State aforesaid being duly sworn. deposeth and say. That he was and is still acquainted with the said Empie. That the said Empie belonged to Captain Christopher Foy company of militia of State Troops & that while they belonged to said company they were drafted from said company. and ordered to Fort Plank and then put under the immediate command of Captain Hef. That both companies were attached to Col Jacob Klock's Regiment and further. This Deponent saith that the said Empie's service under the command of Captain Christopher Foy was two years and that while under the command of Captain Hef. was at least four weeks & that after, the said Empie & myself were attached to Captain Henry Miller company of militia and was in actual service six months under the said Captain. And this deponent further saith that John H Empie is a man of a good character & to be believed under oath & was always considered a man of truth and veracity. And further this deponent says. That all the service set forth in said affidavit was rendered before the year 1780. And further this deponent saith not.
Sworn and subscribed before me this 26 th June 1832
Peter Foy.
Chas s Waggoner Justice
I certify that I am personally acquainted with Peter Foy. the above deponent and know him to be a man of truth and veracity
Chas s Waggoner. Justice.

State of New York.
Montgomery County ss.
I, George L. Ferguson, Clerk of Montgomery County do hereby certify that Charles Waggoner, before whom the within aff- -idavit purports to have been sworn, was on the day of the date thereof a Justice of the peace of the County aforesaid. And that I am well acquainted with the handwriting of the said Justice & verily believe that the signature of the said Justice, subscribed to the said affidavit is genuine.
In testimony whereof I have hereunto set my hand & seal of office this 25 th day of September 1832.
Geo. L. Ferguson.

State of New York Montgomery County, ss
William W Foy of the town of Palatin County and state aforesaid being duly sworn deposeth and say. That he is well acquainted with John F. Empie and that the said John F. Empie was a soldier in the war of the Revolution between the British domaine and the States of America - And this deponent further saith that the said John F. Empie served in the company of militia of the Colony of New York commanded by Captain Christopher Foy the term of two years. and that after that the said John F. Empie was attached to a company commanded by Captain Henry Miller & served under said Miller six months. and that the said companies of militia that the said Empie belonged to, were attached to the Regiment commanded by Colonel Jacob Kloch. And this deponent further says that John F. Empie was and still is a man of a good character & is to be believed under oath, and that he was always a faithful subject to his country during that war. And further this deponent saith not.
Subscribed and sworn
W. W. Foy.
this 26 th of June 1832 before me.
Chas s Waggoner - Justice
I certify that I am personally acquainted with William W. Foy, the above deponent and know him to be a man of truth and veracity
Chas s Waggoner. Justice

State of New York.
Montgomery County. ss.
33 S. G. 2
I George L. Ferguson Clerk of Montgomery County. do hereby certify that Charles Waggoner, before whom the within Affidavit purports to have been sworn, was on the day of the date thereof a Justice of the peace of the said County. And I am well acquainted with the handwriting of the said Justice & verily believe that the name of the said Justice subscribed to the said Affidavit is Genuine. In testimony whereof I have hereunto set my hand and affixed my seal of Office this 25 th day of September 1832.
Geo: L. Ferguson.
State of New York } Montgomery County } ss.
We William Smith & Peter Getman residents of the town of Ephratah being duly sworn according to law depose & say. That we were acquainted with John F. Empire from the year 1780 untill the close of the war & from that year we know that the said Empire belonged to Captain Capselman's Company & served as he the said Empire states & that we believe that he served at least nine months after the year 1780 & further we say not. Sworn to & subscribed the day & year aforesaid
Peter Getman
His William X Smith mark.
(Copy 1)

from North to South, and from east to West 60 Miles — All such kind of Service that none others of my old Fellow Associate Soldiers know Nothing of, All a Fable —
Too tedious to follow the steps crooks & turns of M c Eunpie, beg leave only to take a view of his broken leg or bones obtained in Johnstown battle Under Col Willett Against Maj c Rop & Battal n with their Associate Incendiary force from Canada, there is not one who was engaged in said Battle, belonging to the famous company, who recollects of seeing him at Johnstown at that time, neither in battle or else where, and his being wounded, no person ever heard him utter a sigh of his being wounded in that or any other Engagement, Until of late years, the company to which I belonged to as Sergeant, was the only company ordered late in the Evening after Battle, to march to Honearabia Fort, fearing, Rop by taking a circuitous route in Marching to Honearabia, by Investing and taking and destroying the Fort by Fort Paris, When Eunpie was not present with the company in returning from Johnstown ————— to Honearabia
Again and last only beg leave to add that three years past some time last summer when in conversation with him as stated before, in regard of his M c Eunpie Age, he Observed What Services he had rendered during the war &c. and among other great pretentions, he forgot himself in receiving a wound in Battle at Johnstown, mentioning to me that he had been sent by some of our Officers at Fort Paris some days, Col Willett had been in pursuit of the Enemy with Possirion, for Col Willett and his men, When I told him that I had not seen nor met him since Col Willett's return he mentioning that he had gone the way through Parkers the way Col Willett went when in pursuit of the Enemy mentioning this for reason why he had escaped seeing or meeting myself — he must have been a real, sincere, and true Veteran suffering himself to be rendered after or to meet Col Willett and his men half starved, and that at the time when only a few days previous had his leg or bone broken by a ball shot by the Enemy, No. his statement contained in his Application, is the most extraordinary one yet heard of, but one tour where he came near the work a draft to Fort Plank, where he was relations the witness should swear that they had been drafted and there stationed for three months, whereas the witness told him that they only had been drafted for three weeks but in consequence of an alarm and murder committed by the Enemy that they were detained for about one week more, Eunpie offering to the witness to swear for him to three months which the witness refused, but Eunpie has it for at least for weeks, he has one more tour to Cherry Valley for three months which is erroneous Chas L. S. Edwards Esq r subscribing myself very respectfully yours. B t B t S r Jacob Snell

Patatine Sept 30 th 1835
Hon ble J r .
Inclosed Declaration in favour of Nicholas Gordon, herewith communicated to your hon ble to which I solicit your serious and earliest attention, with the Testimony by credible witnesses, appertaining to the same, and thereto annexed, praying your hon ble that you will not only take Mr Gordon's case into your serious consideration but all others who have so dearly deserved the bounty calculated for them by the law of Congress passed 7 th June 1832, let not the innocent suffer, who is honestly deserving, for the wicked, artful, and the fraudulent, when discovery is made by his hon ble the Pension Commissioner, that the Applicant has proved to have been a true and faithful soldier in the Revolution, if recorded from the commencement to the close of the war, there can be no doubt existing, if it was possible to ascertain all his services rendered to the United States, that he would and could not fall short of three years, I am well aware That as yet it seems impossible, for your hon ble to realize the situation of the two Regts were In V g at Hocks and C o Flyde.
I am willing to acknowledge for my own self, that when our late Pension law was announced, to the Public in General, that I did consider it beyond the reach of any one human being to commence or endeavouring to demonstrate the different terms or length of service, the attested Soldier had rendered, almost for sixty years past That I did consider it impracticable, that even half justice could be rendered to the poor attested Soldier, in consequence for the first time, did not make the attempt, expecting if made upon Where the Soldier had commenced at the early period of the war, that your hon ble by exercising discretion, would place the Applicant on the Pension Roll for full pay — But When disappointed, finding your hon ble not willing to accede to my terms, & pleased sending your Instructions Myself tardy, & determined not to be too precipitated, Assuring your hon ble that I have taken the most unlimited pains, informing myself, when determined to obtain all the information in my power, flattering myself with a belief, that after the first return, that I have given & presented to your hon ble some among the most accurate and true Statements, among the many which were transmitted to your department.
I am willing to beg leave, further to acknowledge, that but few of my Applicants if any, did and could recollect all the different towers and occurrences, contained in their respective Declarations without my reminding them in asking Questions, and on each an every Occasion could discover immediately whether the Person was honest or not, And that such I did consider it My duty, who as I felt wishing to have had justice rendered to the poor helpless Old Soldier at least as nearly so, as consistency & conditions would admit of — And as I found the poor worn out Soldier deserving and entitled to —
My dear respectable Sir, you will please to pardon a weak feeble minded Old Soldier of the Revolution, should I commit an Error, asking your hon ble to feel Inclined some more favourable to those who were constraint in erecting fortifications, not only for the security of themselves, their Wives and Children, but also for regular troops sometimes

Recourse to, which the Establishments of these and such fortifications, was recommended by Gen l La Fayette and Governor George Clinton, to be build, not only contributing to the best advantage of the Inhabitants residing in Tryon County, but also proved Spectual for the interest of the State of New York, and the United States in Gen l
That, had such a mode of defence not been devised, the consequences would have appeared like the turning of the key, in opening the door to let the Succindaries from Canada into York State, suffering to be slaughtered like the beast at the slaughter house, Therefore avail myself of this once more Opportunity, to ask from your hands to have justice rendered to the present Applicant and no more
Although the district Attorney hath proceeded Against John F. Eupie in consequence of his false, and most Abominable Proverens, Statement contained in his declaration for a Pension, to guard Against any further imposition, shall only briefly State, since his Agent Mr Benedict observed to me, that he knew not why Eupie should not have his Pension continued, I am not without having an Impression on my mind, that he will find some friends to interpose on his behalf, to be placed on the Pension roll again by him how the Pension Commissioners — Although Apparently there seems to be some little Prejudice Exited Against myself, sincerely hope not on your part, relative or in consequence of Eupie's considering my Essential duty to explain myself more fully, As to the Pabbable wilful fraud which hath been practiced on your hon or the Second time after his first return, he well knew before had his first Application presented to the War department, that I told him that I was older than himself to which he would not assent to by telling my age that before I had arrived to the age of 71, some time in summer, Again previous to his first return from Washington he called on myself to ascertain from me whether I had obtained any of my returns, when answering In the Negative, myself asking About his, answering the same, When myself Again asking him concerning his age, he again replied the same pretending to be about 4 years older than myself When myself mentioning to him, that his age was disputed, why he did not have recourse to the Church record, he answering there was not such old records to be found, myself asking what he would give me to find them, he answering that it was not worth While they could not be found Myself arose from my chair, got the book presenting his Name contained in the book to him When he observed that the Dominie must have made a mistake, so at first I told him Verbaly When I had not the book in my Possession before he obtained his first return, myself Apologizing him by showing him the Church records itself, by which it stands recorded, that he was born 28 th Jan y . 1762 & Baptized 24 th same month, & one other daughter born 13 th Sept. 1760 Baptized on the same date, and I expect died on the same day, Eupie says and insists upon, that one had died between him and a younger Sister Named Anna born 2 nd March 1764 & Baptized 11 th same Month, — Is that Daughter Dorothea daughter of Frederick Eupie was born 13 th Sept 1760, John 28 th January 1762, and Anna is born on the 2 nd day of March 1764. All and recorded In the same Book and Baptized by the same Rev d clergy

I shall only and briefly remark wherein he has erred in his declaration, Scorn that he commenced in rendering Services to the United States sometime in June 1775 not pretending to have rendered Services when Under Age, Altogether a Fable —————  2 nd that he was born About 15 th Jan y 1759 Another ————— Do  3 rd that he had Sero Under Capt Fox first year Digt 1775 running of courts, and building Forts, when there was no Fort erected until 1777 Digt Fort Paris which was the first erected after the commencement of the Revolution see other d o  4 th also the running of courts one other ————— Do  5 th the same kind of Service year 1776, one other ————— do  6 th his Service in 1777 ————— one other ————— do  7 th that said Empire at no time did belong to said company while the Com y was under the command of Capt Christoph Fox — Capt Fox was Severely Wounded at Oriskana on the 6 th Aug t 1777, in battle his arm broke and shattered Major Gray Wounded and taken prisoner, Maj r Van Slyke killed both belonging to the Regt commanded by Col Jacob Klock, Lieut Peter Loucks, then succeeded to the command of said company, during said year 1777, Capt Fox much disabled from 6 th Aug t 1777, and I believe during the year 1778, when Lieut Loucks declined being continued and promoted, and Dist Miller had the command from that time to the close of the war, And that after Capt Fox had reciev d said wound, he never again assumed the command of the company, but as soon he could get along and as he was entitled by rank as well than by merit, first by priority, next appointed and commissioned, as Maj r and continued as such to the close thereof, and Empire not until after the year 1778 when after he arrived to the age of 16, and of course from the commencement of the war, all and the whole length of time of his pretended time as service, A wonderful Fable —————
8 th His Statement About his Enlistment, or the Appointment of his Officers for three years, One other predicted Story, at that Period of time in the war there were neither committees neither appointments of Officers made or appointed by Committee then, at that period, Although I believe that there was a self created set of Officers and company, contemplated to be raised, by John Capselman, Adam Empire and George G Patterson, who were to be the officers and in my making some inquiry of the Step Son of M r Empire Digt George Patterson who is a Pensioner and Able to recollect, who informs me that to the best of his recollection, his Step father hath been from home thrice on that subject, Meeting his Associates, Officers and at each time returned on the same day, and could not have escaped my observation, if any great intrigue, by them had been transpired, or acted, more particular Empire marching 25 Miles

from North to South, and from east to West 60 Miles — All such kind of Service that none others of my old Fellow Associate Soldiers know Nothing of, All a Fable —
Too tedious to follow the steps crooks & turns of M c Cupie, they leave only to take a view of his broken leg or bone, obtained in Johnstown battle under Col Willett Against Maj c Rop & Battles with their Associate Incendiary free from Canada, there is not one who was engaged in said Battle, belonging to the same Company, who recollects of seeing him at Johnstown at that time, neither in battle or else where, and his being wounded, no person ever heard him utter a lip of his being wounded in that or any other Engagement, Until of late years, the Company to which I belonged to as Sergeant, was the only Company ordered late in the Evening after Battle, to march to Hoosierabia Fort, fearing, Rop by taking a circuitous route in Marching to Hoosierabia, by Investing and taking and destroying the Fort by Fort Paris, When Cupie was not present with the Company in returning from Johnstown ————— to Hoosierabia
Again and last only beg leave to add that three years past some time last summer when in conversation with him as stated before, in regard of his 84 th Myne Age, he Observed What Services he had rendered during the War &c. and Among other great pretensions, he forgot himself in receiving a wound in Battle at Johnstown, Mentioning to me that he had been sent by some of our Officers at Fort Paris some days, Col Willett had been in pursuit of the Enemy With Possirion, for Col Willett and his men, When I told him that I had not seen nor met him since Col Willett's return he mentioning that he had gone the way through Hoosierabia the way Col Willett went when in pursuit of the Enemy Mentioning this for reason why he had escaped seeing or meeting myself — he must have been a real, sincere, and true Veteran suffering himself to be deceived or to meet Col Willett and his men half starved, and that at the time when only a few days previous had his leg or bone broken by a ball shot by the Enemy, No. his Statement contained in his Application, is the most extraordinary one yet heard of, but one time where he came near the mark a draft to Fort Plank, where he was foolish the witness should swear that they had been drafted and there stationed for three Months; whereas the witness told him that they only had been drafted for three weeks but in consequence of an Alarm and Murder committed by the Enemy that they were detained for about one week more, Cupie offering to the witness to swear for him to three months which the witness refused, but Cupie hung it for at least for weeks, he has one more tour to Cherry Valley for three Months which is over now Yours & L. S. Edwards Esq r subscribing myself very respectfully yours. Robt H. S. Jacob Shell

Ino F. Empie
12 6 32
Augt 1. 1851
Ex M y A. P. Green
Solicitors Office
Aug. 5-1851

Know all men by these presents: That I John Y Empie of the town of Ephratah County of Fulton and State of New York have nominated constituted and appointed and in my place and stead put and by these presents do nominate constitute and appoint Leander Fox of the town of Minster County of Montgomery and State of New York. And Alexander H Green of the city of Washington D.C. my true and lawful agents and Attorneys to ask for me, and in my place name and stead, ask for, demand, require, take and receive all dues, claims and demands, and all sums of money due me or coming to me, or which I may be entitled to have and receive of the United States, as, and for a Pension due me for services rendered by me to the United States as a Soldier in the Revolutionary war. I hereby empower and author the said my agents & attorneys to copy all the Papers now on file in the archives of the Pension department at Washington D.C. in reference to a Pension that was granted to me on the 28th day of Sept 1833, at the rate of $100. per Year, during my natural life, and stricken from the Pension roll & suspended on the 16th day of April 1834.  In witness whereof I have hereunto set my hand and seal this 21 st day of July 1857.
John Y. Empie
STATE OF NEW YORK, } 33. Fulton County Clerk's Office.
I, PETER W. PLANTZ, Clerk of said County, do hereby certify that Claron Vellis Esquire, whose name is subscribed to the certificate of proof or acknowledgment to which this is annexed, was on the date of the same a JUSTICE OF THE PEACE, in and for said County, duly qualified, and authorised by law to take the same, And further, that I am well acquainted with the hand writing of said JUSTICE, and verily believe his signature to the said Certificate is genuine.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name, and affixed my official seal, at JOHNSTOWN, this 21 st day of July 1857.
A. J. Trowbridge Deputy Clerk. Clerk Abst.
me within within timed Pears

Know all men by these presents: That I John Y Empie of the town of Ephratah County of Fulton and State of New York have nominated constituted and appointed and in my place and stead put and by these presents do nominate constitute and appoint Leander Fox of the town of Hinder County of Montgomery and State of New York. And Alexander H Green of the city of Washington D.C. my true and lawfull agents and Attorneys to ask for me, and in my place name and stead. aske for. demand. require. take and receive all dues Claims and demandes, and all summes of money due me or coming to me. or which I may be entitled to have and receive of the United States. as, and for a Pension due me for services rendered by me to the United States as a Soldier in the Revolutionary war. I hereby empower and author the said my agents & attornys to copy all the Papers now on file in the archives of the Pension department at Washington D.C. in reference to a Pension that was granted to me on the 28 th day of Sept 1833. at the rate of $80. pr Year. during my natural life. and stricken from the Pension roll & suspended on the 16 th day of April 1834. In witness whereof I have hereunto set my hand and Seal this 21 st day of July 1857.
John Y. Empie
Fulton County Is.?
On this 21 st day of July 1857 came before me John Y Empie known to me to be the person described within and who acknowledged that he had executed the within power of Attorney for the use and purposes therein mentioned
Aaron Nellis Justice of the Peace

State of New York Sullivan County
On this 21 st day of December 1840 personally appeared before the undersigned a Justice of the peace in and for said County. John J. Campis who being duly sworn doth depose and swear that his Father's name was Frederick Campis, that the letter J. in his own name was adopted in compliance with an old Dutch custom of adding to the name of the son as a middle name, the christian name of the father, that the name of him this deponent is John Campis and that he was so christened (which fact he has ascertained from the records of the Reformed Dutch Church at Stone Arabia) that in his youth he went by the name of John Campis without the J. but in later years for the sake of distinction and in compliance with the above custom named I have written my name John J. Campis. That he is the identical person who once enjoyed a pension from the United States government under the acts of Congress passed 7 th June 1832 but that about the year 1834 his name was stricken off the roll of pensioners or as he was informed his pension was suspended. And that he now prays the Hon Commissioner of Pensions to restore him again to an allowance for his services in the revolutionary war, and in order to satisfy the said Commissioner that he did actually serve in the said war he herewith presents documentary evidence as far as he has been able to obtain of his services, for a detail of which he would refer to his original declaration and the affidavits accompanying the same now on file at the war department, in reference to which he this deponent on his oath says, that in stating his services in Captain Fox's company to have been two years he intended to say that he belonged to that company for two years and at the time of making his declaration he supposed that belonging to a company and ready to march at a moment's warning might be considered service, and that the same observations may apply to some other parts of the service set forth at that time, but where his statements of particular tours are specified and substantiated by competent testimony he claims an allowance. That he has been induced to make this his renewed application by reason of having obtained additional documentary evidence from records recently discovered at the Comptroller's office of this state.
John J. Campis
Sworn to and subscribed this 21 st day of December 1840 before me
Thomas R. Benedict Justice
I certify that John J. Campis the above named deponent is a credible person and a competent witness in the estimation of the public where he is known
Thomas R. Benedict Justice

State of New York, Fulton County Clerk's Office
I Tobias H. Stantonburgh Clerk of the said county of Fulton do hereby certify that Thomas R. Benedict whose name is subscribed to the within was at the date thereof a justice of the Peace in and for said County, and being acquainted with the hand writing of said justice I do further certify that said signature within is genuine. Given under my hand and official seal this 22 nd day of December 1840.
T. H. Stantonburgh

John Wells,
Free.
Off One
Hon. Matthias J. Bovee Rep. in Congress. Washington City.
Palatine N.Y. May 6

Dear Sir.
Palatine May 3 d 1836.
Mr John F. Empie of this Town had on application a certificate granted to him to entitle him to a Pension as a soldier of the revolution. He drew his money as such pensioner for some time under his certificate. The Pension Office Depart t on receiving information that Mr Empie had committed perjury in swearing to his declaration for a pension, suspended the pay t of his pension. Proceedings were thereupon commenced against him of a criminal nature, which resulted in his acquittal. The individual who drew his papers was then indicted & on his trial was acquitted also. Thus both of them must be considered innocent of the charges preferred against them. However a prejudice seems still to exist at the Pension office Depart t against Mr Empie. I applied to have Mr Empie restored to his rights as a pensioner. This was denied on the ground that Mr Empie had not rendered service enough to entitle him to a Pension. Mr Empie declares that he did serve long enough to entitle himself to a Pension - & from the statements of those who served with him I am inclined to believe him. All the difficulty in the case arose from the ignorance or carelessness of the person who drew Mr Empie's pension papers & not from any design to implead upon the Pension office Depart t . Mr Empie desires that an opportunity should be afforded him of substantiating or showing his right to a Pension in such manner as shall be thought proper by the Depart t . - Please to ascertain what course Mr Empie is required to take in showing the services rendered by him - & advise me of it.
Yours truly.
John N. Empie.

Palatine, April 5 th 1894.
How,? S r
Herewith acknowledge the receipt of yours dated March 29 th 1894 feeling as I do my health cheered with joy, that you again affording myself a striking mark of testimony, if practicable, I am ascertaining the truth of the old veterans, your willingness to render justice to him or them, Vig t in receiving an additional certificate, for Mr. Heuffinger Vig t in addition to the number, transmitted previous thereto which was excepted on my part, with the height of gratitude towards you.
In regard of the imposition alluded to, insinuated by a letter some several weeks past, more particular, is that which hath been practiced on the War Department, is that of John F. Empie, for whom Thomas R. Benedict who was his agent, in procuring a Pension for services rendered in the Revolutionary War. Mr. Empie soon after the passing of the act of June 7 th 1892, wishing me in proving his services & my reply, that I did not remember of any, although both residing in the same beat and ought to have belonged to the same company, myself asking his age his answer that he was aged 75 years, that he had rendered services from the commencement to the close of the Revolutionary War, when I told him that I always had an impression on my mind, that I was the oldest of the two, he insisting upon that he must be much the oldest, that he perfectly recollected about the French War that he did remember the time, when a Mrs. Gottman in the French War, Mrs. Mearkell, had her skull taken off by the Indians, always understood Mr. Mearkell killed & Mrs. Mearkell her skull taken off and that before, either Empie or myself were born as appears by church Record kept and in my possession in the reformed dutch Church of Honearabia, myself born December 15 th 1761 & Empie in January 20 th 1762, having not only apprized Empie of his age before he was transmitted or was transmitted

by his agent to the War Department, the first declaration. But again previous to their sending the supplemental declaration I had shown Empie his name and date of his birth, he mentioning the clergy must at that time have made a mistake on records. I furthermore mentioned to Mr. Benedict, Empie's agent, what had transpired between Empie and myself in examining the church record, all this happened before the first return from the Department of the War Office. The imposition on the part of Empie has become the general topic of conversation and surprise among the people. &c &c.
Having transmitted to you the supplemental declaration of William Bellenger long since past, besides once or twice wrote on the subject to your honor requesting to know its situation, but having received no communication relating thereto, in hopes the same may not be put on file, having having lost five of my declarations since first started, viz. Jacob Leary, William Bellenger. Evidently after his supplement was executed before a judge, Francis Skimmell, Christo Paul and Joseph Wallis, about eight days before the 4 th of March last past, Mr. Wallis however, his certificate was obtained, and for two years and six months pay received. Having received in return the three declarations, viz. William Garlough, Durnkle and Jordan. Your honor will please to pardon my interference again on behalf of Adam Garlough. I consider myself too much of a soldier yet at this late hour, not to see an old honest patriot, disappointed, when so well satisfied that he is more entitled than not only hundreds but thousands, who have been receiving a bounty from a benevolent administration. The engagements above at Oriskany, Furlough and Johnston. I beg leave to observe, would be sufficient to entitle each of them to your wise and serious consideration for your honor to feel satisfied, that they have at no other occurrence or occasion, have shrunk from the line of their duty, when called upon for in their country.

cause, during the Revolution. So Sir I took pleasure in transmitting to the War Department declarations, for three such honorable old Veterans, who were willing at all times to meet the enemy if the appearance was ever so gloomy and dangerous during the said War, it appears impossible, that the deficiency is in the service, if practicable to ascertain the same with precision, not one out of the three but we could be enabled to make out three years, instead of two years in full. if the great length of time since, did not render it impossible. I conjure your honor to reflect for a moment, the militia soldier constraint to find himself, his subsistence, neither milage nor subsistence is allowed, after returning from the Field of Battle or repelling their common enemy, and after returning to their place of residence immediately, necessitated to work their farms, and often and in many cases some times murdered, and at other times snatched away from their respective farms, if made a prisoner, forced to Canada their kept in captivity, Old Mr Shetty after he had been engaged in each and every Battle, fought by the militia and declaring that he had the good fortune to have killed two Indians, viz. the one at Oriskay Battle and the other at the time of Brown's Battle, and to which he swore in positive terms and in 1782 taken in his field while at work. then made a prisoner to Canada. One year and five months for which no allowance was made while a prisoner in Canada; after his rendering faithful services from the commencement of the Revolution to July 1782 he not receiving full pay only $74. Will his honor the Pension Commissioner, re-examine a few cases, and enabled to ascertain, if made appear obvious, that not ample justice was rendered, although having done every endeavor to render justice on both sides, it is not impossible I may be in the fault not willingly so but for want of information and better judgment.
Subscribing myself very respectfully
Your obed. Servt.
Jacob Snell
Hon. J. L. Edwards, Commissioner of Pensions.

A statement of facts in regard to the case of John H. Empie of Montgomery county, New York, of whom it is charged he has sworn false, in making his declaration under the act of congress to obtain a pension.
Heingart Shull of Danube, Herkimer county states he is 83 years in October 1834, that he was first acquainted with John H. Empie soon after his Shull's marriage in 1775 and said Empie was a small boy when he first knew him, that he could not then have been 16 years old, that there was no militia service in the Mohawk in the year 1775 and that there was no fighting in the Mohawk until the year 1777 that Shull was at Fort Plank 8 days in the Revolutionary war and he knew Empie's father and mother.
George Loucks of Montgomery county is 75 years old in May 1834, he first knew John H. Empie in 1776 and he Empie was then a small boy.
Empie was not then able to bear arms and he was not so stout as he Loucks was, he does not think that Empie was big enough in 1776 to carry a musket. Loucks was in the battle of Johnston and did not see Empie then, Empie was not Loucks companion, and thinks Empie was not as old as he Loucks, that Loucks was born in 1759 and was at Fort Plank about three weeks and did not see Empie then, that Empie told him Loucks that he did not know how old he was in particular.
Peter Fox states he was 74 years old in September 1833, he first knew John H. Empie when they were both drafted at Fort Plank in the fall of the year 1778, where they staid about four weeks in all and were discharged. We never thought Empie as old as he Fox is and never believed he was

or is as old as said Fox.
John L. Nellis stated he would be 72 years old in December 1834 and that John F. Empie when he Nellis was 8 years old and went to school with Empie and always lived within two miles of him, said Empie and Nellis had often talked about their ages and Empie said that he was nearly a year older than Nellis and no more. That Empie was smaller than said Nellis and that he Nellis served in the Revolutionary war and began his service in the year 1778 and he had no recollection of ever seeing Empie in the service.
Jacob Snell made a statement concurring in substance with what was stated by Nellis above in regard to said Empie's age.
Extracts of a letter from Jacob Snell to N. J. Benton dated September 1 st 1834.
After my return examined the abstracts taken and presented from original pay roll of 1776 finding it as I mentioned to you when at the Falls, the names of John Empie and John Empie Jun r but not John F. Empie. The fact is this, the grand father of John F. Empie, his name was John Empie, the uncle of John F. his name was also John and presumed wrote John Empie Jun r and the distinction between the three, the latter his name always wrote John F. Empie, who was the son of Frederick Empie, all three resided in the town of Palatine and the old man was yet living some years after the war. but this you may rely on that the name of John F. Empie is not contained in said copy returned from the original pay roll.....
I may have given him a certificate, but well assured, that I could not have given him the

name of John F Empie. there was and is not any such name contained in said copy of original.
There are witnesses sufficient yet to prove that Empie did render no services previous to the year 1778 and scarcely any from that time to the close of the war.
In conclusion I have to remark that Jacob Snell is quite positive as to his informing Empie of the record of his age, in the church records of Stone Arabia, before or at the time Mr Benedict had charge of his application. Judge Snell is a highly respectable man and I do not believe his testimony or character can be impeached successfully should it be attempted. I have formed the following conclusions in my own mind in regard to Mr Empie's case and the character of the man from all I can learn or hear of him.
1 st That he John F Empie was born in the month of January say 20: 1762 and was baptized on the 24 th of the same month having myself seen and inspected the record of his birth and baptism.
2 d That most of the story which he has recapitulated in his declaration, is an entire fabrication and has no foundation in truth, and this opinion is founded upon informations given me by Stangort Snell, George Loucks, Peter Fox, John L Nellis and Jacob Snell.
3 d That said Empie does not sustain a good character in his neighborhood for truth and veracity and that his name is not contained on any payroll of the Revolutionary services.
4 th That at or about the time of his making application for a pension and before any adjudication had been made by the War Department, said Empie was advised of the existence of the record of his age

by Jacob Snell.
Respectfully submitted N. S. Benton
1762. Parents, Infants Witnesses, 20 th Jan. 7 Frederick Empie, Johannes, Adam J. Empie, 24, do, Abania Elizabeth, his wife, — Mrs Barbara ledige Tochter,
This may certify that the foregoing is an true and correct abstract or copy taken by me, of the church records kept, in the reformed Dutch Church of Stone Arabia, calculated to make known, the true and proper age of John F Empie, a Pensioner on the roll for $80, per annum, viz, that said John was born 20 th January and baptized 24 th , same month. To whom this may concern,
Lawrence Warallus. Justice of the Peace. Dated 9 th April 1874.
Sir.
Ephratah N. H. July 30: 1834
Understanding that a complaint has been entered against Mr John F Empie on account of his oath with respect of his age in his declaration for a Pension under the act of June 7 th 1832, at his request I would state that his having no record of his age in his possession, he stated his age as has been handed down to him by his Ancestors and circumstances of his life. he supposes that he must have been of the age stated as he was enrolled and served in the war of the Revolution, from the commencement, he has shewed me a certificate signed by Jacob Snell, the person who is supposed made the complaint, in the following words:

"This may certify that as appears by an abstract taken from pay roll dated 1796, that Services performed by John J Empie must have been entitled to $ 8.00. O. computed to three months service for and during that that year. Given 17 th September 1832."
"Jacob Snell"
The above is a true copy, and yet as I understand that Mr. Snell contends that Mr. Empie's name appears on a church record of an age to contradict his oath. Sir, I have been acquainted with Mr. Empie for nearly twenty years past and during that period he has sustained an irreproachable character and from the known character of the witness, whose affidavits are attached to his declaration, any complaint of the matter referred to I think must fail.
Respectfully Your Obed. Servant
Thomas R. Benedict

Charly
FREE
J. L. Edwards Esq. Comm. of Pensions Washington City.
Mar 19 for Mr S. Perkins OSATW Little Falls NY

District Attorneys Office Little Falls March 4. 1835-
Sir
I have the honor to acknowledge the receipt of the 18 th inst.
In the examination of the witnesses before the Grand Jury in John F. Empie's case it appeared that Charles Getman drew the affidavit signed and sworn to by Peter Fox & William W. Fox before Charles Waggoner the Justice. These affidavits are annexed to Empie's papers. On the affidavit being read to Peter Fox he swore that the affidavit was untrue where it is stated that Empie served in Captain Christopher Fox's company two years before the year 1780; that when called upon to testify to Empie's service he was not asked as to any such service - that he never informed Getman or any one else that Empie had served so long. And that all he knew of Empie's service was three or four weeks at Fort Plank under Captain Heep - that Getman wrote the affidavit & pretended to read the same to him Fox before the same was signed and sworn to and that said Getman did not read the said affidavit truly but left out or did not read that part of it which refers to Empie's service for two years in Fox's Company & the six months service in Henry Miller's Company and that he Peter Fox did not read the said affidavit before he signed & swore to it and that he never read it nor was it ever read to him as it now appears to have been written. Charles Waggoner the Justice was called on as a witness before the Grand Jury & corroborated all the statements of Peter Fox so far as his knowledge of the facts would admit of - he also stated that said Fox could not read. Here there was evidently a making of a false paper. The paper is a false one according to Fox's testimony, he could not be said have sworn to it if he had known that its contents were what he now finds them to be & he never knew until very lately the said affidavit contained the matter he now finds it does - Getman wrote the affidavit & concealed its true contents from the person who could not read & who was to swear to it - You will see that without this affidavit Empie could not have established his claim

By the directions of the Grand Jury. I drew an Indictment charging Setman in various Counts with making, transmitting &c &c - a false paper to the Department to aid Combs in establishing his claim - I issued process to have Setman apprehended but the Marshal did not arrest him in time to be tried at the last January Term - He will be tried at the May Term if he does not get the trial put off on an application to the Court -
I shall make postponed trial at the May Term to have Aaron Nash indicted but not with undoubted hopes of success - Mr. Conch testified before the Grand Jury at the last Term but he was not able to fix the time of his communication to Nash relative to Castino's age &c - to be anterior to the 18 th day of September the date of Castino's affidavit - The doubt probably entertained by the Jury was this, whether Nash had any just grounds of apprehending Castino was an impostor until Conch's information to him as it was in Evidence that Castino had a very old appearance - that he looked much older than he actually is -
I cannot myself from a full knowledge of all the facts which were developed by the testimony, form any other conclusion than that Nash had reasonable grounds to apprehend Castino was an impostor - The whole matter was stated by me, not argued to the Grand Jury - The contradictions between the matters stated in the declarations & the affidavits & also the fact before Castino having sent his discharge to Mr. Reed Member of Congress from Massachusetts at the time he swore he was a resident of Onondaga County in this state - and it was also in the proof before the Grand Jury that all the papers as well as the letters sent to the Department were in Nash's hand writing
I am very respectfully Your obed Servt N. S. Benton U.S. Atty
J. L. Edwards Esqr. Commissioner etc

as to the substitution of the Letter 'H' in his name &c.
Dec 18 - 110
My Friend J. H. Empire.
J. L. Edwards Esq
Commissioner of Pensions
Washington D.C.

P'keepsie Jan 11 th 1781 To J. L. Edwards Esq. Commissioner of Pensions Sir.
Mr. John W. Empie has applied to me to intercede for him with you to have his name restored to the pension list. With a view to satisfy you as to his services having been rendered as he alleges in his de- claration, & as supported by the affidavits which accompany the same, I send you enclosed, a certificate from the Comptroller of this State proving 10 months & more service in 1779 & 1780 alone. Mr. Empie's name will be found on the Roll of Capt. John Kassel- man which I not long since forwarded to your office - I am very respectfully your Ob t Serv t G. F. Yates.

J. L. Edwards
J. L. Edwards Esq. Commr. of Pensions Washington

District Attorney's Office Littlefalls November 20. 1834.
Sir
I have the honor to acknowledge the receipt of your letter of the 13 th instant covering sundry papers relative to the case of Ramon Carrino. I embrace this occasion to inform you that the stated Sessions of the United States District Court for the Northern District of New York are held on the third Tuesday of January the second Tuesday of May & the last Tuesday of August in each year. The papers in the case of Silas Stiles were sent to me after the adjournment of the last August Session of the Court & I have had no opportunity as yet of presenting his case to a Grand Jury & shall not have until next January. The original papers in the case of John F. Empie have not been received by me - I can do nothing further in this case until those papers are put into my hands.
These several cases will receive my prompt & vigilant attention & will be prosecuted without any delay on my part - I must wait for the Sessions of the District Court - You recently informed me by letter that the papers in the case of John F. Empie would be sent to me should the Secretary at War on his return to the seat of Government decide upon a prosecution on examining the statement which I forwarded to the Department.
J. L. Edwards Esq. Comm Vc
I am very respectfully Your Obedt Servt N. S. Benton W. J. District Atty

James L. Edward Esqr. Commissioner of Pensions Washington

Sentinel attorney's office Little Falls, September 23 d - 1836
Sir / I have the honor herewith to transmit to you for the information of the Department a brief statement of such facts as I have been able to collect respecting the case of John F. Crispin a Revolutionary Pensioner with my opinion thereon.
Allow me to inquire whether a pension was awarded to said Crispin upon the papers as they were first transmitted to the Department or whether his case was suspended for further proof and if so what was the additional proof submitted and in what respect were the original papers defective. These facts do not appear from the copies of the papers furnished to me by the Department.
I am very respectfully Your obedt Servt
A. S. Benton U.S. Atty
James L. Edwards Esqr.

131 8
Fort Plain N.Y.
Nov. 10. 1853
John F. Empire 1781
L. Fox inquires re
Respectfully referred to the Com. of Pension - & the writer informed.
Adj. Office, N.Y. Corp. Nov. 14. 1853
Ans Nov. 15, 1853
Let L. Fox,
Rev
John F. Empire
Recd Nov. 12. 1853
#526-160

Yonkers Nov 10. 1853 State of New York.
Adjutant General of the United States {
Sir. I am desirous to know, whether the name of John H Empie. stands recorded, among the sick and wounded , who were wounded in the Battle of Johnstown, on the 27 th day of October 1780. in the State of New York.
The said Empie Enlisted in April 1780. under the following officers. to wit:- John Bosselman Capt. Company Adam Empie, Lieutenant & Geo. Getman Ensign, in a Regiment of Ringers. Commanded by Colo. M c Willet.
The said Empie is yet living, and in his 94 Year of age, - he was wounded in the above battle, - had his ankle broke by a shot, and at this day is not a man living, by whom he can prove it. - he relies. on the records at washngt. where he must have been returned, with others as wounded &c, - I hope a diligent search will be made, and if his name is found, as Enlisted, and wounded, you will confer a favor. by sending to me a Certificate of said record, for which I will be obliged.
Respectfully you &c J. Fox L. Fox

To J. L. Edwards Esq Commissioner of Pensions
John H. Empson

J. L. Edwards Esq
Commission of Pensions
Sir.
In the case of John F. Empeie who wishes to be restored to the pension list, in one of your letters you state that the records of the Comptroller of NY. prove three months service. I renewed the application on discovering documentary evidence of his service in the Company of Rangers commanded by John Kapselman of Tryon Co. N.Y. and if you from the additional affidavits lately presented are satisfied that he is the identical person borne on said Roll, and the service alleged to have been rendered in said Company of Rangers, was originally set forth in his declaration etc. I confidently expect a favorable decision in this case.
Respectfully your Obedt Servt
J. T. VANDER

J L Edward Commr of Pensions
FREE
Thomas P. Benedict Esq Ephratah New York
J. L. Edward's letter to J. H. Burch on 8th Nov 1841

War Department Pension Office 7th Novr 1834
Sir
In reply to your enquiry respecting the charge against John F. Enyie I have to state that you appear to be already apprised that it consists in a false statement of his age as shewn by an extract from the church records now on file in this office. Information was also received that he had been previously to the date of his declaration informed that such an entry appeared in the records of the Reformed Dutch church of Stone Arabia.
In this state of things the subject was referred to the W.G.A.H.O for the Northern district of New York for investigation. No information has been received of the result.
With respect to the name of our correspondent it is not usual to disclose it upon such occasions.
I am Respectfully Your Aff t Servant J. L. Edwards
J. R. Benedict Esq Ephratah N York

Extract from A. S. Benton's letter 31 Jan'y '35
"The grand Jury directed me to draw up an Indictment vs Charles Getman for fraud in making a false & fraudulent Affidavit attached to the Declaration of John F. Empire. Peter Fox testified before the Grand Jury that Empire Getman & Chas Waggoner the Justice called on him to get his affidavit of Empire's service. That he (Fox) told them that he saw Empire at Fort Plank - that Empire was there a little over three weeks - & that was all the service he had any knowledge of Empire's performing during the Revolt war. That Getman wrote the affidavit & that he (Fox) was not asked nor did he intend to state nor did he know at the time that he had made affidavit that Empire had served two years &c - that he could not read writing readily & the affidavit as it now is was not read to him but in part &c."

John Edwards,
Ephraiat N.Y. 26th Augt
Aug 29 Com. Mr. F. Empire N.Y.
L. Edwards Esq. Pension Office Washington D.C.

I John Edwards Member of the House of Representatives do hereby certify that I am personally acquainted with William Smith Peter Getman Henry Smith and Hyman Lappus Witnesses to the services of John F. Empie in his application for a pension, and that their testimony are each respectfully received as good evidence in all the Courts in this State, and I further certify that in addition to the testimony of those old men who served with Mr Empie it is the general opinion of those, who have known him the longest and most intimately acquainted with him, that he is entitled to a pension for his services during the Revolutionary War, All of which I certify Dated Ephratah August 24 th 1838
J. L. Edwards
John Edwards
P.S. I should have informed you with regard as to Old Mr Empie but I wished to see some of the old Pensioners before I wrote to you that was in company with him at the time his services were rendered but have not been able to attend to it until very lately which I have done and am myself satisfied as to his services from the information I have from them
Respectfully your obedient Servant
J. L. Edwards
John Edwards
My wife is yet living and my daughter has got well

Hon J E Heath com r of Pensions
Sir
John F Empie a Revolutionary Soldier who was pensioned by this department on the 28 th day of September 1833, at the rate of $80. per year during his natural life, was subsequently, on or about the 16 th day of April 1834, suspended, for the reason that charges had been preferred against him and his agent Charles Getman by one Jacob Snell.
By virtue of a power of attorney executed to me by the said John F Empie dated July 1831 now on file in this department authorizing me to receive all monies due him as a pensioner for services during the revolutionary war, also to examine all the papers on file in this department containing charges against the said Empie's private character and assigning reasons why his name should be stricken from the roll and his pension discontinued.
The original declaration of John F Empie was made for the purpose of obtaining a pension bears date 20 th Sept r . 1832, and is now on file here.
That declaration sets forth the facts as to his service, gives the names of the officers under whom

he served. States the battles he was in and the aggregate length of his service which amounts to nearly three years - Empire is sustained in the facts set forth in his application by the testimony of Peter Fox W. W. Fox William Smith & Peter Getman all of whom were soldiers in service with Empire and knew him well, & were therefore capable of testifying in his case. They all swear to the purity of Empire's private character, & W. W. Fox closes his affidavit in the following language "and that he (Empire) was always a faithful subject to his country during that war - The attention of the commissioner is particularly called to the letter of Hon John Edwards, who was formerly and at the time the letter was written a member of Congress from Mr Empire's own county. In his letter Mr Edwards certifies to the character of Empire & also sustained the witnesses who testified in behalf of Empire's application - These men were all well known to Mr Edwards, he being a resident for his whole life in their midst
The case was considered by J L Edwards then Commissioner, and as will appear by reference to book E Vol. 4. page 55, a pension

of $80 per year during his life was granted to Empie 25 th Sept. 1855. See Com rs Certificate on file with the papers in this case.
Empie received his pension from 24 th March 1854 to 4 th March 1857 and was on the 16 th April following stricken from the roll. —
The substance of the charges against Empie are. First that his original declaration is false. 2 d That he obtained an important affidavit from Peter H Foy through fraud. 3 d That he was not old enough to have rendered the services specified in said declara- tion. — The papers on file in the case bear on their face the refutation of every one of the above charges. And the Commissioner has only to give them a candid examination to be convinced that the motives which induced Jacob Snell the man who in his letter to the Department in 1854 preferred these charges were founded in malice. He having applied to Empie for the privilege of procuring his pension which application Mr Empie saw fit to

deny, See Affidavit of Mr Empire of July 1857.
The matter was referred to Mr Benton at that time U.S. Attorney for the Northern District of New York, with instructions from the department to have Getman Empire and Charles Getman his agent indicted for fraud. The dist attorney accordingly presented their case to the Grand Jury, who found a bill against them. The cause was tried at a Term of the U.S. Court, and the Jury gave a verdict of acquittal on the ground that the evidence given before them did not sustain the charges. There are papers on file showing this fact to which the commission's attention is earnestly & particularly called as also to a letter addressed by the Department to Hon Henry P. Alexander late Member of Congress, from Herkimer & Montgomery co's, under date April 29th 1857, admitting the acquittal as stated above, and here I would respectfully suggest that in as much as these charges were not sustained by evidence, Empire ought in justice to have been immediately reinstated. Snell having thus failed in his wicked

attempts to procure the conviction of Empire and Getman upon the charge of fraud which he had wilfully without any foundation prepared against them. In the next place as a means of accomplishing his malicious purpose procures the certificate of George Soucks and a Mister Snell that Empire was not old enough in 1846 too to carry a musket. To show that Snell has acted in bad faith in his attempt not only to convict Empire & Getman of fraud, but to deprive the old soldier Getman Empire of the pension to which he was justly entitled for services rendered in our revolutionary struggle I invite the particular attention of the Commissioner to the following facts, First - Snell certifies on the 17th September 1852, to an extract from a pay roll wherein Empire was credited with three months services, and that the amount then due him was Eight pounds. This was before Empire's original declaration dated 20th Sept r 1852, was filed and while said Empire was preparing his declaration with a view of getting his pension - This certificate of Snell's as extracts

disproves the assertions of Souths & Shull that Empie was not old enough to serve in 1876, and positively establishes the fact that he did serve and that there was at that time due him for such services Eight pounds. And it is to be borne in mind that at the time this certificate was made by Shull he was in possession of the original pay roll, according to his own statement. In addition to this fact test I offer in evidence to prove beyond cavil the certificate of the Comptroller of the State of New York that Empie was in the service of his county as a soldier in the years 1878, 1879 & 1880 which certificate is on file & to which the attention of the Com te is respectfully called,
In the certificate last referred to Empie's name is written "John Empie," as he was in the habit of writing it at that time. Subse- quently he for the purpose of distinguishing himself from others who wrote their name "John Empie" he added the letter F. that being the first letter of his Father's christian name, which was Frederick. For proof of this statement see Empie affidavit of 21 st December 1840, now on file with the papers in his case

Having thus presented to the Commissioner a brief statement of the facts in this case I will conclude by submitting the following proposition V th : The papers on file in the Department show that Commissioner Edwards was satisfied of the justice of Mr Empie's claim to a pension & accordingly allowed it: see said com rs certificate to that effect on file:
2 nd In as much as the Court & Jury acquitted Empie & Getman on their trial upon a charge of fraud, and upon which charge Empie was suspended, the said charges are to be taken by the com rs as false & unfounded, and Empie is in justice entitled to be reinstated, and to receive his allowance of $80. per year from the date of his suspension which was on the 4 th March 1834, —
3 rd All the witnesses Peter Fox, W. W. Fox William Smith, Frederick King The Reverend Isaac testify certify to the good character of Mr Empie for truth and veracity as well as to his services in the Army, In addition to this Hon John Edwards the late Member of Congress, from the immediate neighbourhood of Mr Empie

states in his letter to the Department that he knows or believes the witnesses who have testified to the services of Mr Empie to be men of truth & veracity. See his letter of August 24th 1858, I would also call the attention of the commissioner to the fact that Peter Fox, W. W. Fox and William Smith are now on the pension roll and they swear that Empie was in the army with them. These men it will be seen were pensioned for services rendered at the same time Empie's were. All which is
Washington
20th Sept r 1858
Respectfully & obediently G. Fox City Auditor John F. Empie
The party being here, Mr Kirby with pleasure makes the en d report, requested if not interfering with other cases having the right of preference - John Nelson Sept 20. 1858